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PLANNING ACT 2016 - SECT 129
Imposing development conditions
129 Imposing development conditions
(1) A local government may impose a development condition (an
"extra payment condition" ) requiring the payment of extra trunk
infrastructure costs if— (a) the development— (i) will generate
infrastructure demand of more than that required to service the type or scale
of future development that the LGIP assumes; or
(ii) will require new trunk
infrastructure earlier than when identified in the LGIP; or
(iii) is for
premises completely or partly outside the PIA; and
(b) the development would
impose extra trunk infrastructure costs on the local government after taking
into account either or both of the following— (i) levied charges for the
development;
(ii) trunk infrastructure provided, or to be provided, by the
applicant under this part.
(2) However, an extra payment condition must not
be imposed for a State infrastructure provider.
(3) An
extra payment condition is taken to comply with section 65(1) to the extent
the infrastructure is necessary, but not yet available, to service the
development.
(4) Subsection (3) applies even if the infrastructure is also
intended to service other development.
(5) The power to impose an
extra payment condition is subject to sections 130 to 135.
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